Charles Simango’s ‘thinking aloud’ on DPP Kachale’s prosecution of Mphwiyo in Cashgate

Ever Since my good friend, Ralph Kasambara, was convicted of conspiracy to murder one Paul Mphwiyo, I have been anxiously waiting for the day when I will see how the Director of Public Prosecution, Mary Kachale, will play her cards regarding the prosecution of Paul Mphwiyo in the Cashgate Case.

DPP Kachale: To eat her cake and have it

Mphwiyo and wife coming out of court

 If you recall, the State’s case against Ralph Kasambara was that he was pressurizing Mphwiyo to make illegal payments and when the latter would not give in, Kasambara conspired with Pika Manondo and one Kumwembe to get rid of Mphwiyo.
That, according to the state, was Ralph’s motive for the attempted murder.
According to the state, their key witness was just a good citizen, shot for protecting state resources against the likes of Kasambara.
As it were, Mphwiyo went on to play his victim role very well on the stand, so well that in the end Justice Mtambo had no choice but to find Kasambara and others guilty of conspiracy to murder a patriot.
This week, the State has embarked on a totally different course, waging war against the very star witness they used against Kasambara.
The State is now parading witnesses to show that Mphwiyo was not actually the patriot they said he was but he was, in fact, the mastermind of the entire syndicate. Confusing? Not for me. I am just anxious to see how the State can wiggle out of this one.
I would like to see how they  can say one day, that their star witness was a patriot, shot for his enthusiasm in guarding state coffers against looters and, then, the next day, tell us that, in fact, its key witness is actually the Don of the Mafia that masterminded the looting – and expect us to believe both stories.
For to present Mphwiyo as the Kingpin of Cashgate is to remove the very motive of his attempted murder for which Kasambara was convicted.
To make matters worse, the State failed to include Kasambara the list of the 16 or so Cashgate suspects that were receiving and cashing the cheques, which would have given it some leg to stand on, regarding Kasambara.
So as it is the State’s only choice for a successful prosecution against Mphwiyo is to walk back its earlier assertions regarding the motive of his shooting and admit that the state was wrong about Kasambara. Or it can revert to the earlier plan by Joyce Banda’s (JB) administration which was to get Kasambara as a fall guy and shield Mphwiyo by portraying him as a hero – which JB used to do frequently and openly on the public podium.
Indeed, the rule of the fall guy is that once you finger your man and succeed in heaping blame him, the only remaining, logical thing to do is to protect the actual guilty parties by shutting up. That is why he is called a fall guy – he is made to falls, sacrificed on behalf of the guilty.
Otherwise, the moment you start removing the shield from those you were protecting, things start to unravel, the picture starts to get clearer and, eventually, everyone starts to ask the very questions you never wanted to hear in the first place such as, ‘so, what is this other guy in prison for?’
But as I said, I am just keen to see how the DPP will eat her cake and have it. Who knows, she may even succeed! But until then, let us wait and see, let us wait and see.
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chimalizeni
Guest

Boma likapusa,lidzamupatsa Ndalama za nnanu munthuyu,momwe inayambila nkhani,sakubweletsa bwanji Umboni wa Mr Mphwiyo??

Chaku Malaza
Guest

Let us face facts, Charles is a genius when it comes to analysing issues. Let us use intelligence and wisdom to analyse issues no
t emotions. Welcome back Charles. Your analyses will help the country. There is too much use of emotions rather than logic and reasoning.
Bravo Charles! Keep it up! WINA ALIRA.

Lomazyozi
Guest

I am not a lawyer, but I think someone can be jailed for conspiracy to commit a crime and is conspiracy not planning or plotting something? Is motive not part of the conspiracy? Or do I need xool on meaning of motive? Is not evil mind (mens rea) not part of the proof of culpability?

mjiba
Guest
Paul and Ralph are two crooks. Ralph had his own cases that he wanted government to make payments. Have we analyised how much went to his firm Ralph and A…. during the cashgate era or PP era? Have we analyized how suddenly government was paying huge sums of money to dubious contract violations represented by Ralph and A..? Have we looked at other government procurements during these times? What about the issues of Makandy and BJ who were mentioned by Paul as pressuring him to make payments for Government contracts was this related to these peanuts Kalonga cases? No. This… Read more »
Katundu
Guest

At no point did DPP Mary try to portray Phwiyo as a “partriot, shot for his enthusiasm”. He was just paraded as a state witness and that’s it. Don’t try to corrupt people’s minds here.

Pido
Guest

“…. I would like to see how they can say one day, that their star witness was a patriot, shot for his enthusiasm in guarding state coffers against looters….” Do I remember the DPP ever making this statement? What I recall is that she was proving that Ralphael was part of the scheme that attempted to kill Mphwiyo. I followed the court proceedings but DPP hardly referred to Mphwiyo as a saint or patriot . Komabe let us wait and see as the courts do keep the documents and references are made rom earlier rullings

santana
Guest

I know you ”thought aloud” when you long ago commented on the death of Gen. Manken Chigawa, Sisilande Phiri, the alleged killer of the army Commander, and Thomas Chibonga the accomplice. You were”thinking aloud” when the Democrat commented on the Mwanza Murderers Case in which JZU and company triumphed. But in this article you have not impressed me. I think the ”thinking” is no longer in you. But the ”aloud” is still there.

tennis low
Guest

Nthawi yakumunda ino!!! Lets stop this. Tizayamba pokolola zimenezi.

Mfwethu
Guest
I think this is a very wrong analysis and a shame that one would mix up issues like this. The fact that Mr Mphwiyo was state witness in the attempted murder case doesn’t mean that he would not have been the brains behind the whole thing. Infact if the writer was trythful enough he should have pointed out the fact that the case of Mr Kasambara SC rested on the premise that one Mphwiyo was shot because he refused to make some payments, which is motive enough to some (am not saying that was motive for the imprisoned people) but… Read more »
Malapwana
Guest

Yeah, lets wait and see! Dziko ili ndi lozungulira.

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